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News & knowledge

The corridor tax? Problems in the world of business rates assessment

Do I really need to read an article about business rates? Well possibly. Read on.

The difficulties of implied terms

When entering into any kind of contract it is essential to expressly include clauses on all matters that are crucial to the parties and the arrangement at hand. Unfortunately this does not always happen.

Energy performance certificates (EPCs) – 10 things you always wanted to know about EPCs

Requirements, what it does, who does them and more…

Trunki: the difficulty of enforcing registered design rights

The case of PMS International Ltd v Magmatic Ltd [2016] UKSC 12 has acted as a warning for those seeking to protect their registered designs after the Supreme Court found that the Kiddee Case does not infringe the Trunki Community Registered Design.

Limiting liability and feckless fraud: the need for clear warranty claim clauses in your contract

The recent case of The Hut Group Limited v Nobahar-Cookson concerned whether a buyer’s warranty claim under a share purchase agreement was barred by contractual limitation of liability.

Doffing your cap: how effectively are you limiting your liability under contracts?

A recent case in the Technology and Construction Court illustrates the importance of precise drafting when providing for caps on liability under contracts.

Five, ten, fifteen, twenty five… key voting thresholds in UK limited companies

An analysis of your shareholding in a private limited company is not as simple as percentage held equals proportion of power. There are key thresholds which must be borne in mind when gauging how much power a shareholder really wields in a company.

What is a material change for insurance purposes?

An insurance contract being a contract of “the utmost good faith” the insured must disclose to the insurer all “material” facts (and not misrepresent material facts). In deciding what is material a statutory definition says “every circumstance is material which would influence the judgment of a prudent insurer in fixing the premium or determining whether he will take the risk”.

A legal right to lay cable over a neighbour’s land – but there was still a problem

In a recent case of particular interest to developers, William Old International Limited v Arya, a developer was given by a neighbouring landowner the standard legal right to lay service media across the neighbour’s land.

Can the landlord object to the assignment of a lease to a brand new company?

The landlord is entitled to consider the financial strength of a proposed assignee. In a recent case Royal Bank of Scotland v Victoria Street (No 3) Limited RBS wanted to assign a lease due to expire in three years’ time.

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